Legal Opinion

Wages v. Smith Barney Harris Upham & Co.

Court of Appeals of Arizona

Decided May 1, 1997No. 1 CA-CV 96-0091PublishedCited by 12 opinions

1Opinion of the Court

OPINION

THOMPSON, Presiding Judge.

James and Carol Wages (collectively Wages) sought confirmation of an arbitration award. The trial court denied confirmation, deciding that there was “evident partiality” in the proceedings and that the arbitrators abused their discretion in barring Smith Barney Harris Upham & Co. (Smith Barney) from presenting evidence in support of its defense. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

The facts are not in dispute. In 1972, James Wages was rendered quadriplegic in a construction accident. - He received a net settlement of $888,000 on…

2Cases cited15 opinions

  1. First Options of Chicago, Inc. v. KaplanSupreme Court of the United States · 1995
  2. Commonwealth Coatings Corp. v. Continental Casualty Co.Supreme Court of the United States · 1969
  3. In the Matter of the Arbitration Between Andros Compania Maritima, S.A., as Disponent Owners of the Kissavos, and Marc Rich & Co., A.G., as CharterersCourt of Appeals for the Second Circuit · 1978
  4. Jean Schmitz Leonard Schmitz v. Carlos J. Zilveti, III Nicholas S. Meris Prudential-Bache Securities Inc., AKA Prudential Securities, Inc.Court of Appeals for the Ninth Circuit · 1994
  5. Sheet Metal Workers International Association Local Union 420 v. Kinney Air Conditioning Co.Court of Appeals for the Ninth Circuit · 1985

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3Cited by12 opinions

  1. East Texas Salt Water Disposal Co. v. WerlineTexas Supreme Court · 2010
  2. Thomas v. City of North Las VegasNevada Supreme Court · 2006
  3. Fisher Ex Rel. Fisher v. National General InsuranceCourt of Appeals of Arizona · 1998
  4. Republic of Argentina v. AWG Group Ltd.District Court, District of Columbia · 2016
  5. FIA Card Services, N.A. v. LevyCourt of Appeals of Arizona · 2008

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